property dispute（已经回答）

gengys

Hi there

I am looking for your advice. My friend bought a new house, but the sale agent and previous owner didn't mention their neighbor is also to install a big free stand satellite dish which blocks the view of my friend's property. the worse case is that the neighbor already had concil approval ( building consent). ( neighbor got the permission from preious owner when they applied the consent in the past) and they just installed the dish a few days ago while my friend just find it day before yeaterday but she already paid the deposit.

we would like to find out what kind (legal) actions we can take to protect ourself. we want the neighbor to remove the dish ( ideally) otherwise, if we could get compensation for this. because the satelliye dish already has negative impact on the property value.

i am wondering if you can help us on this:

we already have the following plan-

• contact local council and ask for their advice. one of the city planner told us they can't do much as neighbor already has consent, but he is not the one who processed that consent. so we are arranging to have another meeting with the officer who processed it. We want to double check with them if the neighborfully comply with the consent condition - location and initial plan for the device. ( we also want to challenge the council decision as the planning permission was based on previous owner who planned and tried to sell their property one year ago. we question the validity of previous owner's permission as they have intension to sell their property and
  

gengys

(continus)
the permission for installing the satellite should upon the new owner.

could you please advise us if we can get any legal guidelince to revoke the decision. ( if ourcome from the meeting is not favourable, we would like to launch a formal compalint to the building control team)

2. can we postpond the settlement as we are not happy with current situation.
3.legal speaking, can we sue the agent and previous owner not relasing such information to my friend? is it good to do this through disbute tribunal? hwo long will it take?  we don't want to lose the deposit. how likely we can win the case?
4. if we make complaints to the real state agent authority or complaints assessment comittee, what action can they take?
5. can we force the ventor to deal with the beighbor and remove the dish?
6. is ther any other options for us to sort out this mess? it really affects my friend's life a lot.

Facts : 1. my friend already speak to the neighbor, they don't want to remove it.
           2.talked to the agent of the vendor sale, they don't want to pass our concern to the vendor ( shame on you}

when i heard the story from my friend, i am really angry. Please give us some advice on how we can handle this case?
We would like to :
either
1. cancel the sales and get the deposit back
2. accept the current fact but will require compensation from
Vandor - price reduction
real state agent - i will make the famous in NZ by sending our story to fair go and complain to CAC ( I Guess)
for this scenario, do we have to  bring this case to disbute tribunal, how likely we can win.
3. negtotiate  with neighbor on the compensation? also through the court? ( we are not very keen on this option)

Dear AMICUS_LAW, please advise us on how approach and which is most practical.

many thanks

AMICUS_LAW

您好，谢谢您的问题。

简单看过您的问题，其实这个问题您的买卖房地产的事务律师应该可以解决的，因为我们是出庭律师，如果问题需要用到我们就比较严重了。

我们建议先不要settle， 因为如果对方有误导的情况的话，那么您购买的房屋有严重的缺陷。

然后让您的事务律师和对方谈判，在谈判不拢的情况下，cancel agreement 要求退钱。

如果对方拒绝的话，您可能需要通过诉讼才能拿回您的deposit 了。

而且因为一般来说disputes tribunal 可以受理的金额比较小，您可能需要通过地区法庭来进行诉讼。